Bumpr – Terms of Use

In these terms of use, "we", "our" and "us" mean Belair Insurance Company Inc. and "you" and "your" mean the individual who is using bumpr. The expression "mobile device" means any mobile computing device, including mobile phones and tablets on which the Application (as defined below) will be installed.

1. AGREEMENT TO TERMS OF USE

BY USING BUMPR (THE "APPLICATION"), YOU ACCEPT THESE TERMS OF USE ("TERMS"). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN YOU AND US. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. SHOULD YOU NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE FROM YOUR MOBILE DEVICE. CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

2. General

The Application is intended to limit the use of mobile devices in situations where mobile device use may be a distraction. The Application temporarily blocks notifications from certain selected applications and sends automated SMS and/or MMS responses to text message senders to inform recipients that the user is occupied. The Application relies on your mobile device's connection to GPS and its accelerometer to determine its speed. Should this data not be available, the Application may not function as intended.

3. Incorporation of Related Terms

These Terms incorporate and supplement the Google Play Terms of Service (available at https://play.google.com/intl/en_ca/about/play-terms.html ).

4. Eligibility

Only residents of Canada are eligible to use this Application. You represent and warrant that, at the time you download this Application, you meet the eligibility criteria.

5. Permitted Use of the Application

As consideration for your ongoing compliance with and agreement to be bound by the Terms, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application for personal use only on a mobile device. The Application shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified on your mobile device at the time such update is made available.

You understand and agree that we do not assert that this Application actually prevents or decreases your likelihood of being involved in a traffic or other accident. We make no assertion that the Application will keep you safe. We are not responsible for the actions of any individual or any accident that results while using or attempting to use the Application. Failure in the reliability, operation, continuity in service or performance of the Application does not constitute an opportunity to hold us liable for any damages. You alone are responsible for the consequences of using the Application.

6. Prohibited Uses

Use of the Application is limited to the purpose as described in Clause 5 of these Terms. You may not reverse assemble, reverse compile, or otherwise reverse engineer the Application. Your license to use the Application may not be transferred, leased, assigned, or sub-licensed without our prior written consent. If you copy or modify or create any derivative works of the Application in any way not expressly authorized by us, your license is automatically terminated. You agree not to remove, alter, obscure or make unclear any notices or indications of our intellectual property rights whether these notices are built in to the Application, packaging, promotional material, Web content, or any other materials. You may not provide services to third parties using the Application. The Application shall not be used in any way that,

  1. harasses, abuses, threatens, defames, or otherwise infringes or violates the rights of any other party;
  2. is unlawful, fraudulent, or deceptive;
  3. uses technology or other means to access unauthorized content or non-public spaces;
  4. uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. attempts to damage, disable, overburden, or impair our servers or networks;
  7. attempts to gain unauthorized access to our computer network;
  8. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  9. violates these Terms in any manner; or
  10. encourages any third party to do any of the above.

7. Indemnification

You agree to indemnify and hold us harmless, including our agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof.

8. No Warranties and No Liability

The Application is provided as-is without representation or warranty of any kind, either express or implied, arising by law or otherwise, including but not limited to: (i) the reliability, operation, continuity in service, or performance of the Application (ii) that the Application will be available or will function without interruption or that it will be free of errors; (iii) that the use of the Application will be free of viruses, Trojan horses, worms or other disruptive components; (iv) that your use of the Application and its content will not infringe the intellectual property or other rights of any third party; that the Application is fit for a particular purpose or need; or (v) that your use of the Application will be compliant with applicable laws. Use of the Application may incur charges from your mobile provider. You are responsible for paying all roaming charges, data charges, text message (SMS and MMS) charges, plan charges, overage charges and any other possible charges that result from the use of the Application. Under no circumstances shall we be liable for any charges billed by your mobile provider.

We completely disclaim all liability arising from the use of the Application by you or any user. Further, and without limiting the generality of the foregoing, in no event are we liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising from the use of the Application, its interruption or any error, omission or inaccuracy in any way connected with its content.

9. Intellectual Property

We will have sole and exclusive ownership of the Application, in both object and source code, all media and documentation relating to the Application (including their development, their operation, testing or use, and all reports and copies thereof) and all intellectual property rights associated therewith. Any and all intellectual property rights including trademarks, patents, websites, promotional materials, marketing collateral, etc. shall remain our exclusive property.

Copyrights

The Application is protected by the Copyright Act, and its content cannot be altered without infringing on our and the author's rights and his/her moral rights.

The texts, illustrations, graphics and images displayed on the Application are and will remain at all times our property and/or the author(s), unless stipulated otherwise herein. They cannot, under any circumstances, be sold, reproduced, copied, modified, published, distributed, uploaded, broadcast or retransmitted, in whole or in part, as the case may be, without prior express permission from us and/or the author(s). No content from the Application may be cited or transmitted to newsgroups, mail lists, or electronic bulletin boards, blogs, or incorporated into any other internet site nor may links be created to this Application without clearly indicating the source of the Application and without our prior written consent.

Trade-marks

Certain names, words, titles, expressions, phrases, logos, icons, graphics or designs or other content in the Application are, as the case may be, trade-names or trade-marks of Belair Insurance Company Inc. and its affiliated companies.

bumpr, belairdirect and belairdirect.com are trade-marks of Belair Insurance Company Inc. This list is not exhaustive and can be modified at any time and without notice.

Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the Application can constitute trade-marks or trade-names, registered or not, property of third parties and may be used under licence. The display of trade-marks and trade-names on this Application does not imply that a license of any kind has been granted to anyone else. You are not permitted to use these marks or names without express consent from us or from the third party proprietor of these marks or names. Any unauthorised downloading, re-transmission, or other copying or modification of trade-marks, trade-names or the content of the Application is strictly forbidden and may be a violation of any federal, provincial or other law that may apply to trade-marks and/or copyrights and give rise to legal action.

10. Collection and Use of Information

We do not collect, use or disclose personal information. The Application uses the contact information collected from your notifications to inform you about the identity of the sender. The information is stored within the Application, but is not transmitted to us.

The Application will send statistical information to us relating to your use of the Application. We use a third party service provider to collect statistical information about your usage of the Application and will use it to measure its functionalities and create improvements.

11. Modification and Termination

You understand, acknowledge and agree that we may in our sole discretion, at any time:

  1.  modify any part of the Application and/or change any term or condition in these Terms by posting the modified Terms on our website (available at http://www.bumprapp.com/) at the time of such modification or change, your continued use of the Application after modified Terms are posted being your acceptance of such modified Terms; or
  2.  discontinue or terminate the Application in part or in its entirety with notice on our website at the time of such discontinuance or termination.

You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate your license granted under these Terms at any time. You agree that any termination of your access to the Application or any account you may have or portion thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.

12. Interpretation and Jurisdiction

When it is appropriate for the interpretation of the text, a word used in the masculine gender includes the feminine gender and vice versa.

If any provision of the Terms, in whole or in part, is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the provisions and shall not affect the validity and enforceability of any remaining provisions of the Terms.

Your use of this Application is subject to all applicable laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

Any and all claims arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, including the Federal Court of Canada, as the case may be.

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